NAC284.6004. Temporary assignment: Conditions for offer; termination; subsequent assignment; medical examination.

     1. The appointing authority shall prepare a written description of the duties of a temporary assignment to be offered to an employee with a work-related injury or occupational disease. If the employee’s treating physician or chiropractor approves the return of the employee to work, the appointing authority shall offer, in writing, a temporary assignment that is modified according to any restrictions imposed by the employee’s treating physician or chiropractor if:

     (a) The restrictions prevent the employee from performing the duties of his or her regular position;

     (b) The employee has an accepted or pending claim for compensation pursuant to NRS 616C.065 or 617.356;

     (c) An appropriate temporary assignment is available;

     (d) The temporary assignment is not prohibited by the source that funds the employee’s regular position; and

     (e) The employee would otherwise be employed by the appointing authority if he or she had not incurred the work-related injury or occupational disease.

     2. A temporary assignment offered pursuant to subsection 1 must be terminated if any of the following occurs:

     (a) Ninety days have elapsed after the date on which the employee began the assignment;

     (b) The employee’s treating physician or chiropractor certifies that the employee has permanent restrictions that prevent him or her from returning to his or her regular position;

     (c) The assignment is no longer available;

     (d) The employee’s treating physician or chiropractor certifies that the employee can perform the duties of his or her regular position; or

     (e) The employee terminates his or her employment or retires.

     3. If the employee’s claim for compensation pursuant to NRS 616C.065 or 617.356 is denied, the temporary assignment may be terminated at the discretion of the appointing authority.

     4. An appointing authority may offer an employee who has a work-related restriction imposed by the employee’s treating physician or chiropractor one subsequent temporary assignment if:

     (a) The recovery period for the work-related injury or occupational disease continues to prevent the employee from performing all the duties of his or her regular position, but the employee is performing at least 51 percent of such duties; or

     (b) The employee returns to work at his or her regular position but again becomes temporarily unable to perform the duties of the position due to restrictions imposed by the employee’s treating physician or chiropractor because of the work-related injury or occupational disease.

     5. The subsequent temporary assignment must be recommended by the appointing authority’s insurer.

     6. Any additional temporary assignment must be limited in accordance with subsection 2.

     7. An employee with a work-related injury or occupational disease may be required to submit himself or herself for medical examination pursuant to the requirements set forth in NRS 616C.140 or 617.370 if his or her treating physician or chiropractor does not approve a temporary assignment to be offered to the employee.

     (Added to NAC by Dep’t of Personnel, eff. 7-1-94; A by Personnel Comm’n by R142-05, 12-29-2005)